Supreme Court of India · 2002-02-28
Union Of India (Uoi) And Ors. vs Madan Mohan Prasad
- Citation / case number
- AIRONLINE 2002 SC 394
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi) And Ors.
- Respondent
- Madan Mohan Prasad
- Bench
- S. Rajendra Babu, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court upheld the Central Administrative Tribunal's decision to grant the respondent his death-cum-retirement gratuity (DCRG) and leave encashment, emphasizing that DCRG cannot be withheld for recovery of dues related to unauthorized occupation of a railway quarter. The Court clarified that the relevant Railway Pension Rules, specifically Rule 323, only allow deductions for 'admitted' and 'obvious' dues, which do not include penal damages. The Court affirmed the tribunal's ruling, allowing the claim while permitting deductions for normal house rent and related charges.